relying upon the Will executed in England, but such Will cannot be
relied upon in India, unless a probate from the competent Court is
obtained ... Succession Act, it is not necessary to seek probate of a Will for the
same reasons as are applicable in respect of Clause
short " The Act ") for grant of probate of the
will dated 29.05.1998, executed by the deceased K.S. Paintal in
favour ... appellant filed a
petition under Section 276 of the Act seeking probate of Will dated
29.05.1998 (Ex. PW3/A) in which she has stated
Will dated 10-5-1989, he was withdrawing
claim to probate the Will in his favour, but it is otherwise the
admitted position that probate ... their being co-owners of the
property unless on successful probate of the Will, Surinder
Kumar gets possession, divesting the other natural heirs. We
therefore
This order shall dispose of Probate Case No.5 of 1994 and
Probate Case No.3 of 2001.
Probate Case ... stated that three sons are beneficiaries
of the Will. His mother never executed Will other than Will (Ex.P4). He
further stated
appellant was original applicant in Probate Case No.3 of
2001. In Probate Case No.5 of 1994, Will dated 1.6.1981 executed by
Gurnam Kaur ... second Will is that Will dated 1.6.1981 was false and
second will was genuine. The second Will was contested by the applicant in
Probate Case
herein has filed a probate
petition under Section 276 of Indian Succession Act, 1925 for grant of
probate of Will dated 07.11.2001, allegedly executed
said last legal valid
holograph will dated 7.10.1975.
AND
Suit for declaration to the effect that the will alleged to have
been executed ... that the petitioner could seek letter of administration or probate on the basis
of alleged Will, said to have been executed by Om Paul Chadha
that brother of Mohanlal Bansal had already filed case for
probate of the said Will, therefore, while allowing the appeal, it was
held that ... basis
of Will to be impleaded as party in the eviction suit subject to order
passed in the probate proceedings.
In the present case also
Likewise, according to Section 276 , an application for probate or for
letters of administration, with the Will annexed, shall be made by a petition
distinctly ... viewed from a
different angle. The petitioner claimed the probate with respect to the registered
Will dated 05.02.2009 executed by the deceased in her favour
some cases the wills propounded disclose
another infirmity. Propounders themselves take a prominent
part in the execution of the wills which confer on them ... material questions of fact
which arise in applications for probate or in actions on wills, no
hard and fast or inflexible rules can be laid
